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NATS (SERVICES) LTD v GATWICK AIRPORT LTD DFS DEUTSCHE FLUGSICHERUNG GMBH (INTERESTED PARTY)

[2015] BLR Plus 1

Public procurement - Implementation of European Directive 2007/66 - Automatic suspension of tender process or equivalent injunction already in place until trial - Pleadings - Amendment of pleadings - application to strike out - Principles applicable to tenders under EC Regulations and whether duty in relation to "abnormally low" tenders - Expedited trial due to issues - Lack of time prior to trial and effect upon amendment

M T HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER

[2015] BLR Plus 2

Variation Orders under contract - Interpretation of Variation Order - Change in the method of working - Valuation of omitted works - Whether circumstances in which variation was issued were to be taken into account in construing contract

RENDLESHAM ESTATES PLC AND OTHERS v BARR LTD

[2015] BLR Plus 3

Defective Premises Act 1972 - Meaning of "dwelling", "in connection with the provision of a dwelling" and "fitness for habitation" - Measure of damages in respect of common parts - Damages for blight - Damages for inconvenience and distress

EUROCOM LTD v SIEMENS PLC

[2015] BLR Plus 4

Adjudication - Request for nomination of adjudicator - RICS form-identification of named adjudicators with conflicts - Possible fraudulent misrepresentation - Implied term not to subvert nomination process - Vitiation of adjudicator's appointment - Overlap between decisions in two adjudication decisions

WEATHERFORD GLOBAL PRODUCTS LTD v HYDROPATH HOLDINGS LTD AND OTHERS

[2015] BLR Plus 5

Contract - Breach of warranty - Misuse of know-how and confidential information - Inducing breach of contract - Abuse of process - Directors obligations under Companies Act 2006, sections 172 and 175

GARY KITT AND EC HARRIS LLP v THE LAUNDRY BUILDING LTD AND ANOTHER

[2015] BLR Plus 6

Adjudication - Jurisdiction - Attempt by referring party to confine dispute - Natural justice - Adjudicator's fees

SAVOYE AND SAVOYE LTD v SPICIERS LTD

[2015] BLR Plus 7

Adjudication - Enforcement of adjudicator's decision - "Construction operations" - Housing Grants, Construction and Regeneration Act 1996, section 105 - [Fixtures] - "Form part of the land"

IMTECH INVIRON LTD v LOPPINGDALE PLANT LTD

[2015] BLR Plus 8

Adjudication - Adjudication clause in main contract - No adjudication cause expressed in subcontract - Incorporation of main contract terms - Analysis of what was incorporated - Suitability for summary judgment process - One dispute under one subcontract referred to adjudication

PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)

[2015] BLR Plus 9

Dispute adjudication board - FIDIC Red book - Binding nature of decision - Reviewable in arbitration - Enforceability of DAB decision - International Arbitration Act 2002 (Singapore) - Jurisdiction of arbitrators to issue interim award - Breach of natural justice rules

TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (THE ARCTIC III)

[2015] BLR Plus 10

Contract - Interpretation - Exclusion and Limitation of Liability Clauses - Knock for Knock provisions

ISG CONSTRUCTION LTD v SEEVIC COLLEGE

[2015] BLR Plus 11

Adjudication - Jurisdiction - Entitlement to payment - Valuation of works - Payless notices - Recovery of monies overpaid

THE TRUSTEES OF THE MARC GILBARD 2009 SETTLEMENT TRUST v OD DEVELOPMENTS AND PROJECTS LTD

[2015] BLR Plus 12

Final Certificate - JCT Contract (2009 Edition) - Conclusive effect in any proceedings - Court proceedings started in time - Adjudication to be started later - Whether Final Certificate conclusive in adjudication proceedings

ST AUSTELL PRINTING COMPANY LTD v DAWNUS CONSTRUCTION LTD DAWNUS CONSTRUCTION LTD v ST AUSTELL PRINTING COMPANY LTD

[2015] BLR Plus 13

Adjudication - Enforcement adjudicatorâs decision - Part 7 and Part 8 proceedings - Challenge to jurisdiction of adjudicator - Whether dispute had crystallised - Whether referring party could refer part only of claim under interim application

LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER (NO 3)

[2015] BLR Plus 14

Agreement to provide a performance bond - Remedies for failure - Senior Courts Act 1981, section 19 - Specific performance impossible - Appropriateness of payment into court as alternative remedy

GROUP M UK LTD v CABINET OFFICE

[2015] BLR Plus 15

Public procurement - Removal statutory suspension - Remedies Directive No 2007/66/EC - Principles governing injunctive relief - So-called "American Cyanamid" and those governing suspension of contract award under - Public Contract Regulations 2006 - Public interest

ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD

[2015] BLR Plus 16

Insurance - Combined contractors' liability policy - Public liability - Product liability - Meaning of product - Failure of work to perform intended function - Appropriateness of negative declaration is sought by insurers - Meaning of "superstructure" - Crane as "superstructure"

CIP PROPERTIES (AIPT) LTD (FORMERLY KNOWN AS NORWICH PROPERTY TRUST LTD) v GALLIFORD TRY INFRASTRUCTURE LTD AND OTHERS

[2015] BLR Plus 17

Costs Management Order - Costs Management Rules - Claimant's costs budget - Dramatic increase in costs incurred - Lack of explanation - Unreliable and disproportionate costs budget - Unreasonable costs - Detailed costs assessment for incurred and estimated costs

TRANSFORMERS & RECTIFIERS LTD v NEEDS LTD

[2015] BLR Plus 18

Contract formation - Battle of Forms - Incorporation of terms and conditions

GALLIFORD TRY BUILDING LTD v ESTURA LTD

[2015] BLR Plus 19

Adjudicator's decision - Application for summary judgment for enforcement purposes - Unfair fully to enforce - Partial stay

GOLDSWAIN AND ANOTHER v BELTEC LTD (T/A BCS CONSULTING) AND ANOTHER

[2015] BLR Plus 20

Professional negligence - Duty to warn - Professional's obligation to warn where possibility harm may occur

ALLIANCE CONCRETE SINGAPORE PTE LTD v SATO KOGYO (S) PTE LTD

[2015] BLR Plus 21

Contract - Frustration of contract - Unspecified source unavailable after contract formation - Whether parties contemplated the unspecified source - Whether parties discharged from further performance - Whether failure to supply sand prior to frustration amount to repudiatory breach

PAICE AND ANOTHER v MJ HARDING (TRADING AS MJ HARDING CONTRACTORS)

[2015] BLR Plus 22

Adjudication - Four adjudications - Same adjudicator for first, third and fourth - Telephone contact between claimants and adjudicator's office - Apparent bias - Test for bias - Fair-minded and informed observer - Adjudicator's explanations relevant matter in considering bias - Waiver of bias ground - Overlap between third and fourth decisions - Lack of jurisdiction in later adjudication

KHURANA AND ANOTHER v WEBSTER CONSTRUCTION LTD

[2015] BLR Plus 23

Adjudication agreement - Binding decision - Access to the courts - Unfair Terms in Consumer Contracts (SI 1999 No 2083), regulations 5 and 7 - Application to stay the action - Principles

HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL

[2015] BLR Plus 24

Public Contracts Regulations 2006 (SI 2006 No 5) - Period for service of claim form - Service of unsealed claim form within statutory period - Application to strike out claim - Discretion to cure irregularity in service of unsealed claim form - Regulation 47F - Service of claim form in accordance with rules of court - Valid service achieved when step taken in accordance with CPR 7.5(1) within seven days of issue of claim form

ECOVISION SYSTEMS LTD v VINCI CONSTRUCTION UK LTD

[2015] BLR Plus 25

Adjudication - Jurisdiction - Contractual interpretation - Applicable adjudication rules - Bias

SECRETARY OF STATE FOR DEFENCE v TURNER ESTATES SOLUTIONS LTD

[2015] BLR Plus 26

Arbitration - Preliminary issues - Arbitration Act 1996, section 45 - Criteria for court ordering preliminary issues - Question law - Substantial effect on parties' rights - Substantial costs savings - Construction of contract - Canons of construction

HARLEQUIN PROPERTY (SVG) LTD AND ANOTHER v WILKINS KENNEDY (A FIRM)

[2015] BLR Plus 27

Security for costs - After the event insurance - CPR 25.12 and 25.13 - Third Parties (Rights Against Insurers) Acts 1930 and 2010 - Contracts (Rights of Third Parties) Act 1999

MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER

[2015] BLR Plus 28

Construction of a contract for the design and installation of wind turbines - Warranty of fitness for purpose - Whether provision requiring compliance with industry standard qualified obligation of fitness for purpose - Whether obligation to comply with contractual technical standard imposed a strict obligation - Meaning of 20-year design life

PHILPOTT AND ANOTHER (AS JOINT LIQUIDATORS OF WGL REALISATIONS 2010 LTD) v LYCEE FRANCAIS CHARLES DE GAULLE SCHOOL

[2015] BLR Plus 29

Liquidation - Taking of account under rule 4.90 of Insolvency Rules 1986 - Stay under section 9 of Arbitration Act 1996 - Whether any legal proceedings brought by liquidators to ascertain net balance would be stayed - Whether right to adjudicate remained

AL-WADDAN HOTEL LTD v MAN ENTERPRISE SAL (OFFSHORE)

[2015] BLR Plus 30

FIDIC - Clause 67.1 - Absence of engineer's decision - Notice of arbitration

HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL (NO 2)

[2015] BLR Plus 31

Judgment handed down - Application to revisit judgment prior to sealing - Principles to be applied

ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC

[2015] BLR Plus 32

Adjudication - Proceedings challenging adjudicator's decision - Cause of action - Implied term of repayment - Unjust enrichment

ILIFFE AND ANOTHER v FELTHAM CONSTRUCTION LTD AND OTHERS

[2015] BLR Plus 33

Summary judgment - CPR Part 24.2 - No real prospect of success - Other compelling reason - Fire case - Joinder of third parties - Issues about causation - Third party pleadings not closed - Damages remaining to be assessed in any event

OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR

[2015] BLR Plus 34

FIDIC - Termination - Unforeseeable ground conditions

SAINT GOBAIN BUILDING DISTRIBUTION LTD (T/A INTERNATIONAL DECORATIVE SURFACES) v HILLMEAD JOINERY (SWINDON) LTD

[2015] BLR Plus 35

Sale of goods - Incorporation of standard terms and conditions - Sufficient Notice - Sale of Goods Act 1979 - Implied terms about quality or fitness - Unfair Contract Terms Act 1977 Schedule 2 - Whether standard terms satisfied statutory test of reasonableness

PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)

[2015] BLR Plus 36

Adjudication - FIDIC Contract Red Book - Clause 20 - Dispute adjudication board - International Arbitration Act 2002 - Partial and interim awards - Provisional awards - Final awards - DAB decision given effect to - Final and binding nature of decisions ad awards - Impact of later Partial Award on merits

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL

[2015] BLR Plus 37

Procurement - Evaluation criteria - Duty of transparency - Duty of fairness and equal treatment - Undisclosed criteria - Manifest error - Role of unsuccessful tenderer's ex-employee in evaluation exercise by authority - Conflict of interest - Use by successful tenderer of competitor's confidential information taken unlawfully

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL (No 2)

[2015] BLR Plus 38

Procurement - Authority in breach of duties of transparency, fairness and equal treatment - Remedy - Corrected evaluation score showed claimant out-scored successful tenderer - Whether court would order authority to contract with claimant - Damages

NORTHROP GRUMMAN MISSIONS SYSTEMS EUROPE LTD v BAE SYSTEMS (AL DIRIYAH C4I) LTD

[2015] BLR Plus 39

Incorporation of terms - Need to establish intention - Contract to be governed by other contract - Disregard of inappropriate incorporated terms - Factual matrix - Relevance to contract terms

CALEDONIAN MODULAR LTD v MAR CITY DEVELOPMENTS LTD

[2015] BLR Plus 40

Adjudication - Payment applications - Final determination of dispute

NH INTERNATIONAL (CARIBBEAN) LTD v NATIONAL INSURANCE PROPERTY DEVELOPMENT COMPANY LTD (NO 1) AND (NO 2)

[2015] BLR Plus 41

FIDIC Contract for Construction 1999 1st Edition - Clause 2.4 Employer's financial arrangements made and maintained - Reasonable evidence to be provided - Termination by contractor for breach of clause 2.4 - Question of fact for arbitrator - Clause 2.5 Employer's rights to set off and cross-claim - Employer's notice and particulars as condition precedent

PORTSMOUTH CITY COUNCIL v ENSIGN HIGHWAYS LTD

[2015] BLR Plus 42

PFI contract - Highway network - Service points for defaults by contractor - Good faith - Expressed and implied - Contract interpretation - Limited scope of good faith duty - Best Value Duty

HENIA INVESTMENTS LTD v BECK INTERIORS LTD

[2015] BLR Plus 43

Part 8 proceedings - Interim Application for Payment - Interim Certificate - Pay Less Notice - Payment provisions - JCT Standard Building Contract without Quantities 2011 - Housing Grants, Construction and Regeneration Act 1996 (as amended)

GSK PROJECT MANAGEMENT LTD (IN LIQUIDATION) v QPR HOLDINGS LTD

[2015] BLR Plus 44

Costs Management Order - Precedent/Form H - Costs - Proportionality - Reasonableness - Incurred costs taken into account - Set cost budget

OPENVIEW SECURITY SOLUTIONS LTD v MERTON LONDON BOROUGH COUNCIL

[2015] BLR Plus 45

Regulations 47A, C, G to L - Public Contracts Regulations 2006 (as amended) (SI 2006 No 5) - Automatic suspension where alleged breach by contracting authority to economic operator - Application to set aside automatic suspension - Whether damages an adequate remedy

WYCOMBE DEMOLITION LTD v TOPEVENT LTD

[2015] BLR Plus 46

Adjudication enforcement - CPR Part 24 - Reference of multiple disputes - Breaches of natural justice - Adjudicator refusing to make visit to site - Adjudicating deciding valuation basis on alternative methodology without opportunity to comment

ROB PURTON (T/A RICHWOOD INTERIORS) v KILKER PROJECTS LTD

[2015] BLR Plus 47

Adjudication - Jurisdiction - Existence of contract - Formation of contract

THE CENTRAL TENDER BOARD v VERNON WHITE (TRADING AS WHITE CONSTRUCTION SERVICES)

[2015] BLR Plus 48

Tender - Public body - Finance (Administration) Act 2008 (Montserrat), section 57 - Procurement and Stores Regulations - Ultra vires - Tender accepted - Time for completion not expressed in tender - Implied contract between tenderers and employer - Duty to act fairly in treatment of tenderers

SSE GENERATION LTD v HOCHTIEF SOLUTIONS AG AND ANOTHER

[2015] BLR Plus 49

NEC Contract (2nd Edition) - Indemnity provisions - Insurance provisions - Inter-relationship of such provisions - No presumption that insurance provisions had primacy - No implied term that one co-assured could not sue another

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